(1) The arbitral tribunal may rule on its own jurisdiction, including any objections with respect to the existence or validity of the arbitration agreement. For that purpose, an arbitration clause which forms part of a contract shall be treated as an agreement independent of the other terms of the contract. A decision by the arbitral tribunal that the contract is null and void shall not entail ipso jure the invalidity of the arbitration clause.
(2) A plea that the arbitral tribunal does not have jurisdiction shall be raised not later than the submission of the statement of defense. A party is not precluded from raising such a plea by the fact that he has appointed, or participated in the appointment of, an arbitrator. A plea that the arbitral tribunal is exceeding the scope of its authority shall be raised as soon as the matter alleged to be beyond the scope of its authority is raised during the arbitral proceedings. The arbitral tribunal may, in either case, admit a later plea if it considers the delay justified.
(3) The arbitral tribunal may rule on a plea referred to in subsection (2) of this section either as a preliminary question or in an award on the merits. If the arbitral tribunal rules as a preliminary question that it has jurisdiction, any party may request, within thirty days after having received notice of that ruling, the court specified in section 50a-106 to decide the matter, which decision shall not be subject to appeal; while such a request is pending, the arbitral tribunal may continue the arbitral proceedings and make an award.
(P.A. 89-179, S. 16.)
Structure Connecticut General Statutes
Chapter 862 - UNCITRAL Model Law on International Commercial Arbitration
Section 50a-100. - Short title: UNCITRAL* Model Law on International Commercial Arbitration.
Section 50a-101. - Scope of application.
Section 50a-102. - Definitions and rules of interpretation.
Section 50a-103. - Receipt of written communications.
Section 50a-104. - Waiver of right to object.
Section 50a-105. - Extent of court intervention.
Section 50a-106. - Performance of certain functions by Superior Court.
Section 50a-107. - Definition and form of arbitration agreement.
Section 50a-108. - Arbitration agreement and substantive claim before court.
Section 50a-109. - Arbitration agreement and interim measures by court.
Section 50a-110. - Number of arbitrators.
Section 50a-111. - Appointment of arbitrators.
Section 50a-112. - Grounds for challenge.
Section 50a-113. - Challenge procedure.
Section 50a-114. - Inability or failure to act.
Section 50a-115. - Appointment of substitute arbitrator.
Section 50a-116. - Competence of arbitral tribunal to rule on its jurisdiction.
Section 50a-117. - Power of arbitral tribunal to order interim measures.
Section 50a-118. - Equal treatment of parties.
Section 50a-119. - Determination of rules of procedure.
Section 50a-120. - Place of arbitration.
Section 50a-121. - Commencement of arbitral proceedings.
Section 50a-122. - Language used in arbitral proceedings.
Section 50a-123. - Statements of claim and defense.
Section 50a-124. - Hearings and written proceedings.
Section 50a-125. - Default of a party.
Section 50a-126. - Expert appointed by arbitral tribunal.
Section 50a-127. - Court assistance in taking evidence.
Section 50a-128. - Rules applicable to substance of dispute.
Section 50a-129. - Decision-making by panel of arbitrators.
Section 50a-130. - Settlement.
Section 50a-131. - Form and contents of award.
Section 50a-132. - Termination of proceedings.
Section 50a-133. - Correction and interpretation of award. Additional award.
Section 50a-134. - Application for setting aside as exclusive recourse against arbitral award.
Section 50a-135. - Recognition and enforcement of award.
Section 50a-136. - Grounds for refusing recognition or enforcement of award.